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1996-05-13_Minutes 85-831 COMMON COUNCIL MAY 13,1996 At a meeting of the Common Council, held at the City Hall in the City of Saint John, on Monday, the thirteenth day of May, AD. 1996, at 4:00 o'clock p.m. present Shirley McAlary, Mayor Councillors Arthurs, Ball, Brown, Chase, Fitzpatrick, Gould, Knibb, Trites, Vincent and Waldschutz - and - Messrs. 1. Totten, City Manager; J. Nugent, Acting City Solicitor; D. Wilson, Commissioner of Finance; C. Robichaud, Commissioner of Municipal Operations; J. C. MacKinnon, Commissioner of Environment and Development Services; P. Groody, Commissioner of Human Resources; W. Butler, Commissioner of Community Services; G. Yeomans, Acting Deputy Commissioner of Finance; J. Baird, Manager of Community Planning; D. Logan, Purchasing Agent; W. Edwards, Building Inspector; G. Tait, Fire Chief; D. Sherwood, Chief of Police; A Martin, Assistant Deputy Chief of Police; Mrs. M. Munford, Common Clerk; and Ms. C. Joyce, Assistant Common Clerk. 1. MeetinQ Called To Order - OpeninQ Prayer Mayor McAlary called the meeting to order, and Mr. Roger Graham, Youth Pastor at Forest Hills United Baptist Church, offered the opening prayer. 2. Approval of Minutes On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that minutes of the meeting of Common Council, held on May 6, 1996, be approved. Question being taken, the motion was carried. 3. Mavor's Remarks Mayor McAlary proclaimed May 12 to 18 as Census Week in the City of Saint John; and encouraged young people in the community to participate in the Youth Canadian Challenge for which silver awards will be presented by the Lieutenant Governor of New Brunswick. Mayor McAlary commented on her trip to China last week on the basis of the relationships developed in terms of prospective economic development opportunities. Honourarv Charter Officials The Mayor advised that Mr. Eric Teed of Loyalist Days has submitted the names of the following persons for Council's consideration as nominees for honourary appointment to ancient Charter offices for a period of one year in recognition of their contribution to the City through their volunteer efforts and who, during the May 18th Loyalist Observance Day celebration, would be presented certificates as follows:- Barry Beckett, Warden of the Port; Randy Oldfield, Port Master; Graham MacDonald, Pilot; John Barry, GauQer; Marjorie Larsen, Surveyor of Bread; Dorothy Dawson, Surveyor of HiQhwavs; Peter Foss, Surveyor of Fish; Marian Perkins, Inspector of Commodities; and Shirley MacCallum, Inspector of Food Stuffs. 85-832 COMMON COUNCIL MAY 13,1996 On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the following persons be appointed Honourary Charter Officials for the City of Saint John for the year May 18, 1996 to May 17, 1997:- Barry Beckett, Warden of Port; Randy Oldfield, Port Master; Graham MacDonald, Pilot; John Barry, GauQer; Marjorie Larsen, Surveyor of Bread; Dorothy Dawson, Surveyor of HiQhwavs; Peter Foss, Surveyor of Fish; Marian Perkins, Inspector of Commodities; and Shirley MacCallum, Inspector of Food Stuffs. Question being taken, the motion was carried. Note was made of a Downtown Ministerial Association forum on Canadian reconciliation at the Saint John High School on May 14, the receipt by the local newspaper of the Canadian Journalism Foundation Award and a concert at the Imperial Theatre as a tribute to mothers on May 12, as well as a forthcoming production at the Imperial Theatre by the Saint John Theatre Company on May 22 to 25. On motion of Councillor Vincent Seconded by Councillor Trites RESOLVED that the Common Council of the City of Saint John extend congratulations to the management, coach and members of the Saint John Flames Hockey Club on their accomplishment in winning the Atlantic Section Championship of the American Hockey League, and wish them well in the next series. Question being taken, the motion was carried. 4. Third Readings Of Proposed Municipal Plan Amendment & Re-ZoninQ Of Crane Mountain Consideration was given to a letter from Councillor Knibb proposing that third readings of the proposed Municipal Plan amendment and re-zoning of property at Crane Mountain to permit the development of a sanitary landfill facility, including recycling and composting, which Council tabled on December 18, 1995, be lifted from the table and third readings be given. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that third readings of the proposed Municipal Plan amendment and re-zoning of property at Crane Mountain, which were tabled on December 18, 1995, be taken from the table. Question being taken, the motion was carried. (Councillor Gould withdrew from the meeting as he was not present for the December 11, 1995 public hearing with respect to the proposed Municipal Plan amendment and re-zoning of property at Crane Mountain.) Consideration was given to third readings of the proposed Municipal Plan amendment and re-zoning of property at Crane Mountain. 13. Proposed Municipal Plan Amendment Re-ZoninQ HiQhwav 7 - Crane Mountain Consideration was also given to a report from the City Manager referring to Council's tabling on December 18, 1995 of third readings of a proposed Municipal Plan amendment and re-zoning of property at Highway 7, Crane Mountain, and the City Solicitor's subsequent advice that the ability to impose conditions pursuant to Section 39 of the Community Planning Act was not available to Council because the proposed amendments had been initiated by the City, thus meaning that a further Zoning By-Law 85-833 COMMON COUNCIL MAY 13,1996 amendment would be necessary if Council wished to permit the development of a sanitary landfill and related facilities at the subject site; submitting Schedule A, a proposed Zoning By-Law amendment which would create a new zone called the "US-L" Utility and Service - Landfill zone, for the Crane Mountain site as the recommended approach if Common Council wishes to proceed with the proposal to establish a sanitary landfill and related facilities at this site; and, to clarify the recommended next steps if Council wishes to proceed with the development, setting out two choices as to the nature of the third readings Council should give if it wishes to proceed with the landfill development, otherwise if the landfill were not to proceed for any reason it would be recommended that the lands be re-zoned out of the proposed new zone back to those that presently exist. The report recommends that, if Council approves third readings, (1) Council refer the amendment submitted as Schedule A to the Planning Advisory Committee for recommendation, authorize advertisement and set a public hearing date of Monday, June 17, 1996 at 7:00 p.m. for consideration of the amendment; and (2) adopt a resolution pursuant to Section 71 of the Community Planning Act to prohibit developments which are affected by the proposed By-Law amendment as set out in Schedule A, until final determination of the proposed by-law. 24. Fundy Region Solid Waste Commission Re 3rd Readings Of Municipal Plan And ZoninQ Bv-Law Amendments Crane Mountain Consideration was also given to a letter from the Fundy Region Solid Waste Commission asking that third readings of the proposed by-laws to amend the Municipal Plan and the Zoning By-Law, with respect to the parcel of land fronting on Highway 7 at the intersection of Highway 177, be placed on the agenda of the May 13 Council meeting. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a parcel of land containing an area of approximately 330 acres and fronting on Highway 7 at the intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027, 55043301, 55043293 and portions of NBGIC Numbers 55086987 and 55087019, from Rural to Heavy Industrial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried with Councillors Fitzpatrick and Vincent voting "nay". On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that the by-law entitled, "By-Law Number C.P. 100-405 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a parcel of land containing an area of approximately 330 acres and fronting on Highway 7 at the intersection of Highway 177, also being NBGIC Numbers 55087001, 55087027, 55043301, 55043293 and portions of NBGIC Numbers 55086987 and 55087019, from "RF" Rural and "P" Park to "1-2" Heavy Industrial classification, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-405 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried with Councillors Fitzpatrick and Vincent voting "nay". 85-834 COMMON COUNCIL MAY 13,1996 13. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, Council refer the proposed Zoning By-Law amendment with regard to an "US-L" Utility and Service - Landfill zone, submitted as Schedule A, to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 17, 1996 at 7:00 p.m. Question being taken, the motion was carried. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, pursuant to Section 71 of the Community Planning Act, developments which are affected by the proposed Zoning By-Law amendment with regard to an "US-L" Utility and Service - Landfill zone, as set out in the submitted Schedule A, be prohibited until final determination of the proposed by-law. Question being taken, the motion was carried. 24. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the letter from the Fundy Region Solid Waste Commission asking that third readings of the proposed by-laws to amend the Municipal Plan and the Zoning By-Law, with respect to the parcel of land fronting on Highway 7 at the intersection of Highway 177, be placed on the agenda of the May 13 Council meeting -- be received and filed. Question being taken, the motion was carried. Following a brief recess the Common Council meeting reconvened. (Councillor Gould re-entered the meeting.) 5. ParkinQ And Street MarkinQs On motion of Councillor Waldschutz Seconded by Councillor Arthurs RESOLVED that the letter from Councillor Waldschutz referring to Council's direction to the City Manager to investigate parking in the South End, part of which involved Provincial legislation and the other part being a request for street markings to indicate parking areas; and asking that, as the Provincial portion is going to take some time, the City Manager be directed to investigate and report back to Council on the street marking issue, preferably so that, if it is to happen, the work can proceed this summer -- be referred to the City Manager for a report to Council on the feasibility of painting parking spots in the area south of Union Street which is served by residential parking permits. Councillor Waldschutz asked that the City Manager, in reviewing the issue of 24-hour parking, also consider the matter of parking on alternate sides of the street in an attempt to assist in snow plowing. Question being taken, the motion was carried. 85-835 COMMON COUNCIL MAY 13,1996 6. Tender For Sodium Hvpochlorite On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that as recommended by the City Manager, the tender of W.H. Shurtleff Ltd. be accepted for the supply of sodium hypochlorite for a period of 12 months from the date of award by Council, as per the submitted summary of bids. Councillor Waldschutz expressed opposition to adding a toxic substance to the City's water supply, which is naturally very good, so as to enable another toxic substance to be applied. (Councillor Arthurs withdrew from the meeting.) Question being taken, the motion was carried with Councillors Gould and Waldschutz voting "nay". 7. Tender For Contract 96-5 On motion of Councillor Knibb Seconded by Councillor Vincent RESOLVED that as recommended by the City Manager, contract 96-5, Sydney Street - Lansdowne Avenue water and sewer construction, be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $368,216, as calculated based upon estimated quantities, and the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 8. Re Sale Of 14 HardinQ Street Consideration was given to a report from the City Manager advising that, further to Common Council resolution of March 18, 1996 approving an extension of the closing date for the sale of 14 Harding Street to Mike Cavanagh Homes Inc., Mr. Cavanagh's solicitor has requested a further extension of the closing date to May 31, 1996; and submitting a recommendation in this regard. On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that as recommended by the City Manager, Common Council amend its resolution of March 18, 1996 regarding the sale of 14 Harding Street to Mike Cavanagh Homes Inc. wherein the closing date is now May 31, 1996. Question being taken, the motion was carried. (Councillor Arthurs re-entered the meeting.) 9. 1997 Canadian Association Of Fire Chiefs' Conference Consideration was given to a report from the City Manager advising that the Saint John Fire Department will be hosting the Canadian Association of Fire Chiefs' Conference slated for July 30 - August 5, 1997 and, having agreed to adopt a new concept of hosting the National and Provincial Conferences together, the Saint John Fire Department will consolidate and host the New Brunswick Fire Chiefs' Convention in conjunction with the Canadian Association of Fire Chiefs' Conference; and recommending that Common Council authorize the Fire Chief to enter into an agreement with the Canadian Association of Fire Chiefs to host its 1997 Conference with the full understanding that there will be no financial commitment from the City of Saint John. 85-836 COMMON COUNCIL MAY 13,1996 On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the above matter be referred to the City Manager for a report at the next meeting. The initial motion proposed by Councillor Knibb and seconded by Councillor Waldschutz was to adopt the City Manager's recommendation, such motion withdrawn subsequent to Mr. Nugent's comments to the effect that there are certain aspects of authority which Council cannot delegate, one being the entering into of agreements and, based on his review earlier this date of documentation provided him by the Fire Chief that would comprise the terms under which the above Conference would be organized and conducted, it would be inappropriate and beyond Council's authority to give the Fire Chief or any other official the authority to enter into a contract that would be, in essence, on behalf of the City of Saint John, and it would be appropriate for Council to refer the documentation to the City Manager for review and a subsequent recommendation to Council with respect to Council's undertaking to accept whatever responsibility might be described therein. The Mayor asked if the City Manager's recommendation could be changed to give authority to the Mayor and Common Clerk to execute the agreement, to which Mr. Nugent replied in the affirmative and suggested that Council should ask the City Manager whether or not it would be his recommendation that Council enter into the agreement; and Mr. Totten suggested that, given the Acting City Solicitor's remarks, it would be appropriate to refer the matter to the City Manager at this point for a report at the next meeting. Question being taken, the referral motion was carried. 10. Proposed One-Family Dwelling 324 Hunters Cove Road Read a report from the City Manager further to Council's instruction on April 22 for staff to investigate under what circumstances it would be possible to issue a building permit to Mr. William P. Jackson for the development of a one-family dwelling at 324 Hunters Cove Road; and citing a resolution that Council could adopt to approve the issuance of a building permit if, in Council's opinion, the present services are satisfactory. The report responds to Council's queries with respect to a possible agreement or covenant with the owner and possible liability; relates further details as provided since April 22 by the Fire Chief, as well as staff's continued concerns about the level of services available to the subject site, particularly road access; and recommends that this report be received and filed. On motion of Councillor Knibb Seconded by Councillor Arthurs RESOLVED that Mr. William P. Jackson's proposed one-family dwelling be permitted at 324 Hunters Cove Road on the basis that no service improvements have been or will be sought. Question being taken, the motion was carried with Councillor Brown voting "nay". 11. Seaside Lawn BowlinQ Clubhouse Expansion The Mayor advised that the City Manager has asked that item 11, being the City Manager's report with regard to the Seaside Lawn Bowling Clubhouse expansion, be withdrawn from the agenda of this meeting for further information. On motion of Councillor Trites Seconded by Deputy Mayor Chase RESOLVED that item 11 be withdrawn from the agenda of this meeting. Question being taken, the motion was carried. 85-837 COMMON COUNCIL MAY 13,1996 12. Zoning By-Law Text Amendment Re Definitions In "AE" Zone Consideration was given to a report from the City Manager referring to Council's enactment in February 1996 of a Zoning By-Law text amendment to create an "AE" Adult Entertainment zone and to provide definitions for adult bookstore or video rental, adult entertainment facility, and massage parlour; advising that, while the expectation in creating an "AE" zone was that uses such as an adult entertainment facility would be restricted to areas zoned "AE", the Legal Department has advised that this expectation might not be realized in light of the fact that the By-Law continues to provide for an amusement place in several zones; and recommending a proposed amendment to the Zoning By-Law to specifically exclude the previously-defined adult entertainment facility and massage parlour, as well as the previously-defined adult bookstore and video rental, and to include a new definition of partial nudity drawing from the standards of the Province of New Brunswick, Liquor License Branch with respect to exotic entertainment, and also recommending Council's utilization of Section 71 of the Community Planning Act to place a freeze on further applications until the matter has been decided following the public hearing. On motion of Councillor Knibb Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, a proposed Zoning By-Law text amendment to (a) add to the end of the existing definition of "amusement place" the phrase ", but not including an adult entertainment facility or a massage parlour, as defined in this by-law"; (b) add to the end of the existing definition of "retail store", the phrase ", but not including an adult bookstore or video rental, as defined in this by-law;"; (c) add a new definition to read "'partial nudity' means the exposing to view the genital areas of a male or the exposing to view the genital areas or the nipples of the breasts of a female", be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 17, 1996 at 7:00 p.m. (Councillor Fitzpatrick withdrew from the meeting.) Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that as recommended by the City Manager, pursuant to Section 71 of the Community Planning Act, developments which are affected by the proposed By-Law text amendment concerning definitions in the "AE" Adult Entertainment zone, as set out in the City Manager's submitted report in this regard, be prohibited until final determination of the proposed by-law. Question being taken, the motion was carried. 14. Municipal Plan Amendment And Re-ZoninQ 258-260 Golden Grove Road Consideration was given to a letter from the Common Clerk advising that, following the procedure for amendments to the Municipal Plan, the necessary advertising and public presentation with respect to the submitted application of Mr. Melvin P. Marshall, with regard to property at 258-260 Golden Grove Road, have been completed, and the date for objections expired on May 9, 1996, with no written objections having been received in this regard. On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Mr. Melvin P. Marshall for a Municipal Plan amendment and re-zoning of 258-260 Golden 85-838 COMMON COUNCIL MAY 13,1996 Grove Road be referred to Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 17, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. (Mayor McAlary withdrew from the meeting as she was not present for the May 6, 1996 public hearings with respect to the proposed Municipal Plan amendment and re-zoning of 430 Prince Street and the proposed re-zoning of 101 and 220 Ashburn Road, whereupon Deputy Mayor Chase assumed the chair.) (Councillor Fitzpatrick re-entered the meeting.) 15(a) Municipal Plan Amendment (b) Re-ZoninQ 430 Prince Street 15{a) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "A Law To Amend The Municipal Plan By-Law", by redesignating on Schedule 2-A, the Future Land Use Plan, a property located at 430 Prince Street (NBGIC Numbers 55113427 and 55113435), lying between Prince Street and the Saint John Throughway and having an area of approximately 1.75 hectares (4.3 acres), from Major Institutional and Low Density Residential to District Centre Commercial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "A Law To Amend The Municipal Plan By-Law", was read in its entirety. Question being taken, the motion was carried. 15{b) On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-406 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning a property located at 430 Prince Street (NBGIC Numbers 55113427 and 55113435), lying between Prince Street and the Saint John Throughway and having an area of approximately 1.75 hectares (4.3 acres), from "IL-2" Major Institutional and "R-1 B" One-Family Residential to "B-2" General Business classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto: AND FURTHER that pursuant to Section 39 of the Community Planning Act, the said re-zoning be subject to the following conditions:-(a) the use of the subject property is limited to residential use, inn accommodations and dining/reception facilities, all within the existing building located adjacent to Prince Street; (b) on-site parking facilities must be paved with asphalt; (c) the site must be developed and maintained in accordance with a landscaping plan to be prepared by the proponent and subject to the approval of the Development Officer; and (d) all site improvements, including those shown on the landscaping plan, must be completed within one year of approval of the building permit for the development. The by-law entitled, "By-Law Number C.P. 100-406 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 85-839 COMMON COUNCIL MAY 13,1996 16. Zoning By-Law Amendment To Re-Zone 101 & 220 Ashburn Road On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the by-law entitled, "By- Law Number C.P. 100-407 A Law To Amend The Zoning By-Law Of The City Of Saint John", insofar as it concerns re-zoning two parcels of land known as 101 Ashburn Road and 220 Ashburn Road, being portions of NBGIC Numbers 49486 and 51698, respectively, from "RF" Rural to "1-2" Heavy Industrial classification, be read a third time and enacted and the Common Corporate Seal be affixed thereto. The by-law entitled, "By-Law Number C.P. 100-407 A Law To Amend The Zoning By-Law Of The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. (Mayor McAlary re-entered the meeting and reassumed the chair.) 17. Workplace Health, Safety And Compensation Commission - Re April 22. 1996 Council Resolution On motion of Councillor Trites Seconded by Councillor Knibb RESOLVED that the letter from Mr. Medard E. Collette, Chairperson of the Workplace Health, Safety and Compensation Commission of New Brunswick, advising that Common Council resolution of April 22, 1996 regarding the Workers' Compensation Act has been received and tabled by the Commission's Board of Directors at its meeting on April 30 - May 2 -- be received and filed. Question being taken, the motion was carried. 18. Clifford Boyer Traffic At Simms Corner On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. Clifford Boyer referring to a recent article in the local newspaper indicating that the construction of two new businesses was turned down because of increased traffic at Simms Corner; and suggesting that, if it is the intent to stop all development in that area because of congestion at Simms Corner, the City should take a look at improving the intersection -- be referred to the Planning Advisory Committee. Question being taken, the motion was carried. 19. The New Brunswick Historical Society Council Attendance At Mav 18 Ceremonies On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from The New Brunswick Historical Society inviting Council to participate in two ceremonies to commemorate Loyalist Day on May 18 -- be received and filed and Council thank the Society for its invitation and assure attendance by Council members. Question being taken, the motion was carried. 85-840 COMMON COUNCIL MAY 13,1996 20. CUPE Locals 61 And 1925 Port Of Saint John PolicinQ On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from the Saint John Policemen's Protective Association - CUPE Local 61, and Ports Canada Police - CU PE Local 1925 expressing concern about the responsibility for Port policing and security in view of recommendations in the report by the Standing Committee on Transportation; and requesting Council and/or its representatives to sit on a round table committee to ensure the best interests of the citizens in the Greater Saint John area are protected -- be received and filed and the Mayor be asked to arrange a meeting with the Port Corporation as soon as possible. Question being taken, the motion was carried. 21. John M. Wood Re BilinQualism On motion of Councillor Knibb Seconded by Deputy Mayor Chase RESOLVED that the letter from Mr. John M. Wood advising that he has been informed that there have been numerous representations to Council and/or senior City officials by certain members of the minority French community demanding provision of instantaneous translation in the Council Chamber, bilingual street signs and bilingual City staff, and other such demands; and asking Council's review of the submitted statistics, breaking down the total population of Metro Saint John by official language and ethnic origin, when considering spending the tax dollars of 90% of the community -- be received and filed. Question being taken, the motion was carried. 22. Dr. J.A. Hicks Professional Corporation Section 39 Amendment - 4 Mountain Road On motion of Councillor Knibb Seconded by Councillor Ball RESOLVED that the application of Dr. J. A Hicks Professional Corporation for an amendment to the Section 39 conditions of re- zoning of 4 Mountain Road be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 17, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 23. Midwood Avenue & Area Concerned Citizens Committee - Excavation For IrvinQ LaQoon On motion of Councillor Trites Seconded by Councillor Vincent RESOLVED that the letter from the Midwood Avenue & Area Concerned Citizens Committee regarding excavation for the Irving waste water lagoon; and asking (1) if the City of Saint John has the legal right to allow excavation on residentially-zoned land; and (2) if the City of Saint John has the legal right to allow excavation on 1-1, 1-2 or RF zoned land without a Planning Advisory Committee hearing -- be referred to the City Manager. Question being taken, the motion was carried. 85-841 COMMON COUNCIL MAY 13,1996 25. Susan Fullerton - Zoning By-Law Amendment - 9-13 Chipman Hill On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Susan Fullerton for a Zoning By-Law text amendment with respect to 9-13 Chipman Hill be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 17, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. 26. Section 39 Amendment To Conditions Of Re-ZoninQ Of 400 Main Street On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that the application of Design Art Signs for an amendment to the Section 39 conditions of re-zoning of 400 Main Street be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized in this regard, with the public hearing to be held on Monday, June 17, 1996, at 7:00 o'clock p.m. Question being taken, the motion was carried. Adjournment On motion of Councillor Knibb Seconded by Councillor Trites RESOLVED that this meeting be adjourned and Council meet in Committee of the Whole. Question being taken, the motion was carried. Common Clerk